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The defendant shall be innocent.
Reasons
1. A person who intends to divert a mountainous district to the facts charged shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree
Nevertheless, on April 2016, the Defendant: (a) damaged forests, etc. located in the forest area of approximately 494m2 in Si-Eup, Jung-gu, Jung-gu, the area of which is preserved by using heavy equipment, etc. on the ground that there is a concern for the loss of tombstones in the tide managed by the Defendant; and (b) he stockpiled stone.
As a result, the Defendant diverted approximately 494 square meters of preserved mountainous districts without obtaining permission from the competent authorities.
2. Determination
(a) Mountainous district means land, etc. for which “standing timber and bamboo collectively grow” or “standing timber and bamboo collectively grow,” and farmland, grassland, road, and other land prescribed by Presidential Decree are excluded [Article 2 subparag. 1 of the former Mountainous District Management Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter “former Mountainous District Management Act”) (Article 2 subparag. 1 of the former Mountainous District Management Act (amended by Act No. 14361, Jun. 3, 2017; hereinafter “Mountainous District”). Determination of whether a mountainous district is a mountainous district shall be based on the actual phenomenon of the relevant land, regardless of the relevant land category on the public record, and a phenomenon as a mountainous district
Even if the lost situation is temporary and it is possible to restore the original state to the original state, the land constitutes a mountainous district (see Supreme Court Decisions 2007Do1018, Jul. 10, 2008; 88Do668, Dec. 13, 198, etc.). (b) In light of the above legal principles, the forest as stated in the facts charged for the Defendant’s construction of stone (hereinafter “the forest of this case”).
According to the land category is “gradg,” and the defense counsel submitted after October 10, 2018, along with his written opinion, and the photo before the stone construction works, which the prosecutor invoked as evidence of the facts charged, etc., the forest of this case, which is likely to be seen as miscellaneous trees, prior to the storage of a stone axis, is deemed as a intermittent person.